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HomeMy WebLinkAbout09.01.15 REGULAR MEETING DELORIS"BOBBIE"PRINCE,MAYORrgy BRIAN McDOUGAL KAPRINA FRANK,MAYOR PRO TEM City of cin CITY MANAGER COUNCIL MEMBERS: J SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY TIFFANY L.HAMILTON Ort r t h u r MORRIS ALBRIGHT VAL TIZENO STEPHEN A.MOSELY Texas CITY ATTORNEY WILLIE"BAE" LEWIS,JR. OSMAN SWATI DERRICK FREEMAN AG E N DA City Council Regular Meeting September 1, 2015 8:3o a.m. In compliance with the Americans With Disabilities Act, the City of Port Arthur will provide for reasonable accommodations for persons attending City Council meetings. To better serve you, requests should be received 24 hours prior to the meeting. Please contact the City Secretary's Office, at (409) 983-8115. P.O BOX 1089• PORT ARTHUR,TEXAS 77641-1089 •409/983-8115 • FAX 409/983-8128• www.portarthur.net City Council Meeting City Hall Council Chamber City Of Port Arthur September 1, 2015 8:30 A.M. PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tern Frank Councilmember Scott, Jr. Councilmember Hamilton Councilmember Albright, III Councilmember Mosely Councilmember Lewis, Jr. Councilmember Swati Councilmember Freeman City Manager McDougal City Secretary Bellard, TRMC City Attorney Tizeno Sergeant At Arms: Police Chief Blanton Or Designee II. APPROVAL OF AGENDA III. PROCLAMATIONS & MINUTES Proclamations Minutes - None IV. PETITIONS & COMMUNICATIONS A. Speakers — None 1 AGENDA SEPTEMBER 1, 2015 IV. PETITIONS & COMMUNICATIONS — CONTINUED B. Presentations To Discuss And Possibly Take Action On The Ratification Of The Property Tax Increase Included In Fiscal Year 2015-2016 Budget As Required By Section 102.007 Of The Texas Local Government Code C. Employee Recognition — None D. Correspondence — None V. PUBLIC HEARINGS — 9:00 A.M. — NONE VI. UNFINISHED BUSINESS - NONE VII. CONSENT AGENDA NOTICE TO THE PUBLIC: The Following Items Are Of A Routine Or Administrative Nature. The Council Has Been Furnished With Background And Support Material On Each Item, And/Or It Has Been Discussed At A Previous Meeting. All Items Will Be Acted Upon By One Vote Without Being Discussed Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Expense Reports: Councilmember Tiffany Hamilton: Attended NBCLEO Conference Fort Lauderdale, FL, August 6-8, 2015 $1,254.28 Councilmember Derrick Freeman: Attended TML Leadership Training Round Rock, TX, July 28-31, 2015 $1,169.16 Municipal Court Judge Kermit C. Morrison, Jr.: TMCEC 2015 Legislative Update August 14, 2015, Houston, TX $319.55 AGENDA SEPTEMBER 1, 2015 VII. CONSENT AGENDA — CONTINUED B. Resolutions — Consent (1) P.R. No. 19008 — A Resolution Authorizing The Purchase Of Two (2) 2015 ARBOC Diesel Powered Paratransit Buses From National Bus Sales Of Justin, Texas, Through The State Of Texas Smart Buy Contract No. 072-Al, In The Amount Of $325,866.00. Funds Are Available In Grant TX90-X859, Account No. 401-1509-561.93-00 (2) P.R. No. 19043 - A Resolution Authorizing The City Manager To Execute An Agreement With Crowder Gulf Of Theodore, Alabama, For Debris Removal And Emergency Services For The City Of Port Arthur In The Event Of An Emergency Or Disaster (3) P.R. No. 19044 - A Resolution Authorizing The City Manager To Execute An Agreement With Witt O'Brien's, LLC, Of Fort Lauderdale, Florida, For Debris Monitoring Services For The City Of Port Arthur In The Event Of An Emergency Or Disaste- (4) P.R. No. 19089 — A Resolution Authorizing The City Manager To Enter Into A Five (5) Year Contract With Kone, Inc., Of Houston, Texas, Through US Communities Cooperative Purchasing Program, For Preventative And Routine Maintenance Services And Repairs Of Elevators In City. Funds Are Available In Various Departmental Accounts (5) P.R. No. 19097 — A Resolution Authorizing A Change Order To The Existing Contracts With Lofton Staffing, In The Amount Of $65,000.00 And HT Staffing, In The Amount Of $6,200.00 For The Purpose Of Providing Temporary Employees For The City Of Port Arthur. Funding Available In Various Departmental Accounts Ak AGENDA SEPTEMBER 1, 2015 VII. CONSENT AGENDA — CONTINUED (6) P.R. No. 19102 — A Resolution Authorizing The Purchase Of A Case DV26 Dual Drum Asphalt Roller From Associated Supply Co., Inc., (ASCO) Of Beaumont, Texas, Through HGAC, For The Public Works Department Street Division In The Amount Of $38,594.00. Funding Available In Account No. 001-1203-531.92-00, Public Works Department Streets Division Equipment Account (7) P.R. No. 19104 - A Resolution Authorizing The Third And Final Year For The Contract Between The City Of Port Arthur And CMM Construction Co., Inc., Of Beaumont, Texas, For Placement Of Hot- Mix Asphaltic Concrete For The Not-To-Exceed Amount Of $250,000.00. Funds Available In Public Works Streets Division Account No(s). 001-1203-531.36-00 (Streets Maintenance), 001- 1203-531.51-00 (Rent), 001-1203-531.86-00 (Streets Program) And CDBG Street Project Account (8) P.R. No. 19105 - A Resolution Authorizing The Third And Final Year For The Contract Between The City Of Port Arthur And Petroleum Traders Corporation Of Fort Wayne, Indiana, For Dyed, Off Road Diesel, In The Not-To-Exceed Amount Of $200,000.00 Per Year. Funding Available In Public Works Landfill Fuel And Lubrication Account No. 403-1274-533.24-00 (9) P.R. No. 19112 — A Resolution Accepting The Engineer's Certificate Of Completion, Contractor's Certificate Of Guarantee, And Contractor's Certificate And Release, And The Final Payment In The Amount Of $99,972.68, For The Gulf Ground Storage Tank With BDS Constructors, LLC DBA MK Constructors Of Vidor, Texas. Account No. 144-1201-532.59-00, GLO Project No. I21SPW (10) P.R. No. 19116 - A Resolution Amending The Resolution No. 15-254 Which Accepted A Water Utilities Easement From Tractor Supply Company For The Construction, Installation, Laying And Maintaining Of Water Utilities On Their Property At 1650 Highway 365, Port Arthur, Texas 4 AGENDA SEPTEMBER 1, 2015 VII. CONSENT AGENDA — CONTINUED (11) P.R. No. 19117 — A Resolution Authorizing The City Manager To Execute An Interlocal Contract With The City Of Beaumont, Jefferson County, Jasper County, And Orange County To Secure Grant Funding From The State Of Texas Automobile Theft Prevention Authority For Operation Of The Southeast Texas Auto Theft Task Force (12) P.R. No. 19119 - A Resolution Rescinding Resolution 15-263 In Its Entirety As It Pertains To The Mowing Contract Between The City Of Port Arthur Section 4A Economic Development Corporation And Sandra's Enterprises, Inc, For Grass Cutting Services At The Spur 93 Business Park (13) P.R. No. 19120 — A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Allco, LLC, Of Beaumont, Texas, For Phase II Surface Water Treatment Plant Improvements In The Not-To-Exceed Amount Of $23,747,949.00. Account No. 429-1258-532.59-00, Project No. WSI009 (14) P.R. No. 19121 - A Resolution Authorizing A Contract Between The City Of Port Arthur And The Department Of State Health Services For Funds In The Amount Of $25,278.00 For Tuberculosis Prevention And Control (15) P.R. No. 19122 - A Resolution Approving The FY 2015-2017 Contract Between The City Of Port Arthur And The Department Of State Health Services, RLSS-Local Public Health System In The Amount Of $335,034.00 I AGENDA SEPTEMBER 1, 2015 VII. CONSENT AGENDA — CONTINUED (16) P.R. No. 19123 - A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release, Contractor's Certificate Of Guarantee For The Emergency Levee Repairs At DeQueen Blvd. And Lakeshore Drive And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas And Approval Of The Final Payment In The Amount Of $387,958.41. Funding Being Available In Sewer Reconstruction Account 428- 1625-532.83-00, Project No. 428000 And Drainage Capital Improvement Account No. 301-1601-591.84-00, Project No. GO- 805 (17) P.R. No. 19125 - A Resolution Approving A Community Pre- Employment Program Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Aattaboy Termite & Pest Control, Inc., In An Amount Not To Exceed $13,000.00 (18) P.R. No. 19127 — A Resolution Terminating A Contract With Joey's Tractor Service Of Port Arthur, Texas For Grass Cutting Services On Pleasure Island And Authorizing The Rebidding Of The Grass Cutting Services On Pleasure Island VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 19124 — A Resolution Appointing And/Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (Requested By Mayor Pro Tern Frank) 6 AGENDA SEPTEMBER 1, 2015 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT - CONTINUED B. Ordinances (1) P.O. No. 6482 — An Ordinance Approving The Appraisal Rolls For The Year 2015 And Receiving Determinations From The Tax Assessors Under Section 26.04 Of The Texas Property Tax Code (2) P.O. No. 6486 — An Ordinance Authorizing The Sale Of Surplus Furniture/Minor Equipment, Vehicles, Equipment, Or Heavy Equipment By A Public Online Auction Through Rene Bates Auctioneers, Inc. (3) P.O. No. 6487 — An Ordinance Authorizing A Special Warranty Deed For Conveyance Of Property To A Low And Moderate Income Resident Of The City Who Is Participating In The Hurricane Reconstruction Program Through The Texas Department Of Housing & Community Affairs (TDHCA) IX. *CLOSED MEETING (EXECUTIVE SESSION) In Order To Comply With The Requirements Of Section 551.101 Of Chapter 551 (Open Meetings Law) Of The Texas Government Code [Formerly Article 6252-17, Section 2(a)], Prior To Going Into Closed Meeting The Presiding Officer Of The City Should Make The Following Public Announcement: "A Closed Meeting Or Executive Session Will Now Be Held Pursuant To The Following Sections Of Chapter 551 Texas Government Code": Section 551.071 — Litigation And/Or Legal Advice Section 551.072 — Land Section 551.073 — Negotiated Contracts For Prospective Gifts To The City Section 551.074 — Personnel Section 551.076 — Security Personnel Or Devices Section 551.087 — Deliberations Regarding Economic Development Incentives AGENDA SEPTEMBER 1, 2015 IX. *CLOSED MEETING (EXECUTIVE SESSION) - CONTINUED Closed Meeting: (1) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation With Wayne Countryman (2) Section 551.072 Government Code - To Discuss The Value Of The Land In The City's Extraterritorial Jurisdiction (ETJ) (3) Section 551.071 Government Code — To Discuss With The City Attorney Potential Litigation Regarding Debts Owed To The City And Collection Efforts *The Items In Executive Session May Be Discussed And Acted On In Open Session X. ADJOURNMENT OF MEETING ************************************************************ NOTE: If The Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On September 2, 2015. During The Recess, No Action Will Be Taken On Any Item Of Remaining Business And No Executive Sessions Will Be Held To Discuss Any Matters, All In Accordance With The Open Meetings Law ************************************************************ s RULES OF DECORUM - PERSONS ADDRESSING COUNCIL &AUDIENCE MEMBERS 1. Recognition by Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer. 2. Speaking Procedure;Limitation on discussion and questioning. Each person addressing the Council shall step up to the microphone provided for the use of the public and give his name and address in an audible tone of voice for the records,state that subject he wishes to discuss,state whom he is representing if he represents an organization or other person, and unless further time is granted by majority vote of the Council,shall limit his remarks to five (5) minutes. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter into any discussion,whether directly or through a member of the Council,without the permission of the Presiding Officer. 3. Improper References, Disorderly Conduct By Person Addressing The Council, Any person making, expressly or impliedly, personal, impertinent, slanderous, derogatory, discourteous, snide, or profane remarks or who willfully utters loud, threatening or abusive language, or engages, in any disorderly conduct which would impede, disrupt, or disturb the orderly conduct, the order by the Presiding Officer, and if such conduct continues, may, at the discretion of the Presiding Officer, be ordered barred from further audience before the Council during that Meeting. 4. Addresses After Motion Made or Public Hearing Closed.After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by majority vote of the City Council. 5. Campaign Speeches Prohibited. No persons will be allowed to address the City Council by making campaign speeches for or against any candidate who has announced or does announce his intention to run, or issue already ordered on a ballot for election. 6. Disorderly Conduct. No person in the audience shall engage in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting. 7. Limitations on Use of Supplemental Lighting. Limitations on use of supplemental lighting for television and motion picture cameras to create the least amount of interference with or disturbance of Council proceedings and/or discomfort to the public. 8. Persons Having Complaints,Allegations, or Charges Against Individual City Employees. No person shall make any complaint, specific allegation, or charge against an individual City Employee by name in a public meeting unless he first shows that he has pursued appropriate administrative channels. ENFORCEMENT OF DECORUM Warning,All persons shall at the request of the Presiding Officer,be silent. Removal,If,after receiving a warning from the Presiding Officer,a person persists in disturbing the meeting,such Officer may order him to remove himself from the meeting.If he does not remove himself,the Presiding Officer may order the Sergeant-at-arms to remove him. Resisting Removal.Any person who resists removal by the Sergeant-at-arms shall be charged with violating V.T.C.A, Penal Code 42.05. Motions To Enforce,Any Councilmember may move to require the Presiding Officer to enforce this division,and the affirmative vote of a majority of the Council shall require him to do so. RULES OF PROCEDURE The City Secretary shall make public, in accordance with the Texas Open Meetings Law, an agenda containing all business to be discussed at a meeting of the City Council. Persons Requesting To Be Heard On Agenda Items(1) Residents. Any resident who wishes to address the Council on any matter may do so by notifying the City Secretary in accordance with the Texas Open Meetings Law. (2) Nonresidents.Any nonresident wishing to address the Council shall notify the City Secretary and specify his interest in the matter being considered.The City Secretary shall present such request to the Presiding Officer for approval before placing the name on the Agenda. Specific Agenda Items. After a motion, second and discussion by the City Council on any specific agenda item, and before a vote is taken,the Presiding Officer shall recognize any citizen in the audience wishing to address the council on such item,who shall be permitted to address the Council thereon for a period of three(3) minutes."Specific Agenda Items"are defined as any item specified on the Notice of Meeting posted for purposes of the Texas Open Meetings Law and which becomes the subject of a motion before the Council.